Breach of democratic principle

A Member of Parliament is an elected representative of the people of a constutiency. As the voice of the people, his presence is needed in the august house to debate,  voice out and cast his vote representing his people of his constituency, who are part of the citizenry,  on policy matters and other important matters of the State. Thus his role does not just represent himself, but that of the people who have elected him, to enact laws or make amendments to such laws through what we called a “democratic process”.

MPs are of course human, and may sometimes make mistakes, just like any other person. But since he has a special role to play, and to ensure that he can speak with fear or favour, whatever he has uttered in that august house has certain immunity and cannot be challenged in court. This is to ensure that views and opinions of all kinds can be expressed freely in the house, so that ultimately a right policy or decision can be adopted for the benefits of the citizens of the country.

So unless there is a gross and serious breach of conducts (like committed a crime in which case his status should be removed and a by election called to elected another person to represent that constituency) , MPs should not be suspended. If he or she is suspended, it would mean that the constituency that elected him or her would not be represented, and this would be very unfair to the voters in that constituency.

If he has really done something wrong, therre are other ways to deal with that. To suspend or expel an MP from the house should be the last resort . And before that be adopted, warning should be given , and perhaps lighter sentences like a symbolic pay cut may be adopted . On more serious offence, perhaps his right to speak on that particular day can be suspended,  but never should his voting rights be suspended. His voting right should not be suspended since voting is the ultimate method of deciding a policy and ince he is elected by his constituents, any suspension of this right violates the spirits of democracy, and is a gross injustice to the voters in that constituency. It deprives a certain section of the citizens from participating in enacting or amending laws which may affect the constituents themselves.

So even if a member is ordered to sit down and refrain from speaking or debating because of certain misconduct in the eyes of the speaker, at no time should his right to vote on policy matter be suspended, for doing so would be suspending the rights of the voters in the constituency that have elected him.

The same  should also be applied to state assembly.

So the alleged report, if true,  that some of the MPs might be suspended so that the ruling party can achieve its 2/3 majority again is a gross miscarriage of justice and undemocratic way of  denying the voters in that few constituencies from expressing their democratic rights through their representatives.

Similary, in any state assemebly , whether under BN or Pakatan, the right of a member to vote should never be suspended even though he or she can be punished through other ways as mentioned above.

If suspension of elected representatives are used to weaken the number of opposition rank and to achieve a 2/3 majority so that Constitutional amendments can be passed or constituency boundaries redrawn, be aware that there will be serious repercussions, not unlike that of the Perak State government that was toppled some time back , not through voting by the people, but through the crossing over of certain assemblymen from one side of the divide to the other.  People who are rightly the ultimate boss will not like this sort of things happening, and they would perceive this as a way of suspending  their democratic right as citizens of the country.

For the sake of democracy and the image of the country, I hope that this principle of people being the ultimate boss should not be compromised through questionable tactics.

Otherwise, whatever goodwill the government has just gained would be undone and people would regard this as the ultimate show of arrogance..

32 Comments (+add yours?)

  1. Crusher
    Dec 16, 2010 @ 13:22:28

    Let us not kid ourselves that the Speaker is impartial.All his decisions are made for B N govt.

    Like

  2. CYC
    Dec 16, 2010 @ 14:04:23

    In view of the current incident where Speaker suspends parliamentarians without adhering to rules of law, I wonder if MCLM should even consider to put up candidates for the coming GE. It is sheer waste of time to convene parliamentary debate on policies or enactment of law when u have Princeton and Oxford graduates silently advocate such stupid decision. Brains from Ivy League U is only a can of worms best use for fishing.

    Like

  3. petestop
    Dec 16, 2010 @ 18:40:05

    For a learned individual, do you think we can ever support BeEnd if they keep doing such act over and over again.

    Their arrogance knows no boundary, even despite the 308.

    Therefore, next election we have to make it count. My friends from overseas also willing to fly back to put down their vote to send BeEnd to the trash can.

    Gerakan and MCA MPs are all guilty of this, and we will send them to the trash can together with UMNO.

    Like

  4. petestop
    Dec 16, 2010 @ 19:45:52

    I would say that previously I just dislike BeEnd, now I really HATE them !!

    Like

  5. A true Malaysian
    Dec 16, 2010 @ 22:37:53

    It is kind of tiresome to see this kind of stupidities keep happening in Malaysia. Imagine most of us here just ‘read’ those and not being ‘involved’ directly with people like that, people who don’t bother about logic, rules and natural justices.

    I can imagine how Singapore diplomatic officers felt in dealing with their counterparts in Malaysia, which leaked out by WikiLeaks, how they felt about Malaysia, that :-

    there’s lacking in competent politicians
    Malaysia is in confused and dangerous state
    so and so is ‘opportunist’

    It is their thinking that with power in their hands, they can do whatever things in whatever ways they like, according to their mood (like what Nazri said).

    The future of Malaysia is bleak so long as this kind of politicians holding on to power. Investors don’t come to us with their mood. They depend on information and views from reliable sources in making their decisions.

    Like

  6. A true Malaysian
    Dec 17, 2010 @ 00:07:02

  7. klm
    Dec 17, 2010 @ 11:36:55

    ATM . I was told HK ICAC found the Malaysian equivalent in discussion with the PKFZ principle crook negotiating a deal there and reported it to its Malaysian counterpart. And yet, nothing has happened. The police had laid out 4,200 charges against the principal crook but the Malaysian equivalent had brushed them off.

    How can it happen in Malaysia? Like Patrick Teoh would say – Niamah!.

    Like

  8. CYC
    Dec 17, 2010 @ 12:10:19

    圣人不死,大盗不止。 Does this explained the situation we are in today ? We can’t differentiate between good and evil as they are actually two sides of a coin.

    As Lin YuTang said “we (the Chinese) are followers of Confucianism during prosperous time and become followers of Taoism during bad times” . Wonder if it reflects the truth? Does this make us a chameleon or simply reflect our ability to adapt?

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  9. disgusted
    Dec 17, 2010 @ 12:57:25

    Wow!!!! Dr….what a change….(this blog) ….I thought I landed in the wrong blog….for getting drunk having so much coffee. Beautiful…really. You changed before the regime…hehehe…!

    Sounds silly…but I am overwhelmed (your blog). Just want to say, I agree with Pretestop’s view.

    Good job, Dr.

    Like

  10. petestop
    Dec 17, 2010 @ 13:16:38

    Our good Doc here has been a fair-minded person, he writes based on his conscience.

    We can only hope that our MPs will vote based on their conscience, instead of follow the party line.

    What is the point of Parliament, when you debate, you oppose some of the bills from the Execute, but yet, you still vote in support of them ??

    Might as well just rubber-stamp whatever comes from Executive and don’t waste the Rakyat’s money by holding a mock Parliament, just for syok-syok only ?

    We are a dictatorship really, given totally useless Parliament, and equally biased and useless Speaker of Parliament.

    It is indeed a violation and a rape of Democratic principle.

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  11. Dr Hsu
    Dec 17, 2010 @ 13:59:06

    monk
    Change we must and change we can.. The change in this blog represents the fact that change is the only constant in this world as expressed in “I-CHing”.. The “I” in “I Ching” means change..

    🙂

    Like

  12. Rhan
    Dec 17, 2010 @ 14:58:12

    CYC, I think what LYT mean is Legalism, not Taoism. Actually ruler class seldom follows/practices Confucianism, it is the scholar or thinker that tries to promote Confucianism, and the ruler pretend that they are the follower of Confucianism. Of course the most apparent case in recent time is the great Mr Lee, regardless if it is good time or bad time. klm can verify. 🙂

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  13. CYC
    Dec 17, 2010 @ 20:30:02

    Rhan, Thousand apology, I m zero as far as Confucianism and Taoism are concern. I m only started to read DaoDeJing recently. Perhaps, DDJ is just part of Taoism, they are not equal.

    The great Lee on the other shore is more of a HanFeiZi in Confucian’s robe> But he can be a mixture of Deng XiaoPing and ShiHuangDi sometimes. Conclusion, he is complicated.

    圣人不死, 大盗不止 was actually ZhuangZi’s teaching.

    Like

  14. ctzen
    Dec 17, 2010 @ 23:19:44

    Speaker Pandikar Amin is unsuited for the job. He comes with a big baggage where attitude is colored by prejudice. He expects everyone to be a prude when the country is in turbulence politically! 😦

    What else could he expect but MP’s to be rude?!

    A fully confident and able Speaker is required urgently before any semblance of democracy can be attempted. Of course, the malignancy of the UMNO/BN people is central to the whole mess.

    Like

  15. disgusted
    Dec 17, 2010 @ 23:28:09

    Dr, the Age of Aquarius

    I have been doing some deep in-depth research on extraterrestrial and UFOs. The change is coming but not likely in our lifetime. I am fully convinced that our Planet Earth has been influenced and shaped by extraterrestrial beings, one spiritually advanced ETs who looks exactly like us. I am not drunk.

    The old beliefs and mindsets will come crashing down when the Truth comes but not I think in this WikiLeaks will expose the Truth of the Human Race. My research and contacts with US scientists have given me some shocking testimonials and my pieces will be posted in freemalaysiatoday portal news. The history and future of the human race.

    Like

  16. Rhan
    Dec 17, 2010 @ 23:53:15

    CYC, I could be the one that is wrong as I don’t read LYT original text, I am just simply shooting from the hips basing on my half pile water history knowledge. If I recall correctly, Taoism was never the main political philosophy of China apart from perhaps Han dynasty 文景之治. Legalism (Fa) was practiced in Qin while the rest is actually a mixture of Fa and Ru, with some elements of meritocracy. Though there is opinion that meritocracy under a Confucianism society could be an alternative of democracy by referring to Singapore and China, however, I am still not thick skin enough to imitate DJZ double talk. I uphold democracy and criticize whoever that is less democratic.

    圣人不死,大盗不止!! Hahahaha. Still wondering why both Laozi and Zhuangzi are very critical against Kongzi.

    Like

  17. Jong
    Dec 18, 2010 @ 00:29:56

    Nice new apprearance, but where are your koi, Dr? 😀

    Major damage to Malaysian Parliament, the Speaker should be shot! What a disgrace!

    Like

  18. disgusted
    Dec 18, 2010 @ 01:47:15

    I think either Kim or CYC, previously made some comments on “more” by-elections. Ha, haaaa, unbelievably, the 14th. Tenang state by-elections. You know I got this feeling (6th sense) that we could end up with 15th, record breaking by-elections before the big+GE day. After Tenang, could be another parliamentary by-elections. Just guessing. Chinese old belief: when a tyrant rule the kingdom, heaven punishes.

    Like

  19. foo
    Dec 18, 2010 @ 09:31:37

    Another nail in BN’s coffin , but the problem is BN is like the (liquid metal cyborg) villian in the Terminator 3 movie.Even a cannon ball punches a hole in it’s body but it can’t lay down and die. The holes keeps closing by itselves. Just like this recent episode,suspension of MPs, our M’sian public easily forgets and move on with their daily lifes. More important to put food in the stomach and a roof over the head.Only major iritations like fuel,sugar,LPG,toll increases ,GST and etc will make Mat,Ah chong and Mutu Public wake up to the fact that we have Morons running the Gomen.

    Like

  20. klm
    Dec 18, 2010 @ 09:56:19

    Rhan. You should watch the TV series Han Wu Da Di. There is a sub plot on how the young emperor Han Wu Di was trying to counter the meddling of his grandmother the Empress Dowager. The clique of Toaist – the Huanglao, was controlling the court through the Empress Dowager. The young emperor adopted Confucian principles and used Confucian Scholars to build his power.
    The power struggle was fought through the proxy of Huanglao vs Confucianism or in modern terms Remain Unchanged/Conservatism/Status Quo vs Reform.

    It is all about politics and power, people. It is all about politics and power.

    Like

  21. Rhan
    Dec 18, 2010 @ 13:49:52

    klm, no dispute, Wendi and Jingdi is grandfather and father of Wudi, thus if we limit LYT comment to West Han, then a comparison and clash between this two major philosophy seem reasonable, however like I said, Huanglao never go beyond 文景 era. I think what LYT suggest is that Chinese twist between 有为 (Confucianism) and 无为 (Taoism) depends on strength. Deng Xiaopeng talked about 蹈光养晦 but Hu JinTao nowadays promotes Confucius school, so CYC is right.

    Wudi adopted ‘Confucianism’ because Huanglao doesn’t fit his ambition to expand via military and war. The question is does what he did has much to do with Confucianism? 董仲舒 emphasize three point (1) Centralize power to ruler (2) Middle way (中庸) and (3) Find ways to limit the power of emperor (天人感应) but we know Wudi frequent use of punishment and I don’t see what he did has anything to do with middle way.

    Legalism well-known theorist is 1) ShangYang(商鞅 2) Han Feizi (韩非子)3)Li Si (李斯) and they all died the same way not diverge far off from their own theory. So I hope disgusted is right, when a tyrant rule the kingdom, heaven punishes.

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  22. disgusted
    Dec 18, 2010 @ 20:42:30

    The tribal ruling almighty regime has completely no idea just about anything else happening in the high heavens or in the world about “truthful phenomenon” except to maintain power in the castle of Putrajaya and of course, heaping wealth upon themselves. Few really can see the implications or connections of the “ETs” and the UFOs. In fact, sightings of UFOs is really no big deal. Out of sample 1000 cases, maybe 1-5% are really UFOs while the rest could be weather phenomenon, balloons and even US-made-secret military crafts. But that 5% are really genuine UFOs from outer space-ala-other planets. Out of some dozen types of ETs, one species looks exactly like us (humans). It is this species (homo sapiens) that are well spiritually advanced that will impart “shocking information” on our historical past, present and our destiny. Worse, the Truth of civilisation and religions….that will pose as a threat to governments worldwide. That truth will tear asunder all the bullshit and distortion of old mindsets on religions and history which governments had suppressed and lied because they want to maintain the grip to their power to rule and greedy enrichment. Control is the key word, through lies and manipulation of religions. That D-day will come. Some call it the “Silent Revolution of Truth” See:
    www. theyfly.com

    Like

  23. klm
    Dec 19, 2010 @ 09:47:23

    Back to Dr. Hsu comment. To paraphrase V.K Lingam of the snoop camera fame. It looks like democracy, it sounds like democracy, it mat be democracy. But it is not democracy. We had better wake up.

    Like

  24. bh toh
    Dec 19, 2010 @ 21:23:07

    Dr Hsu,

    I’ve been reading you blogs for a while now and like your well-thought, balanced and properly articulated articles.

    Today I came across this http://www.malaysiakini.com/letters/151127. I feel like writing to the authorities but am not able to present my thoughts well.

    Can I request that perhaps, you can write an article on this same issue and share your feelings with your readers.

    TQ

    Like

  25. klm
    Dec 20, 2010 @ 09:06:20

    Rhan. Confucianism, Taoism and religions for the matter are just tools of unscrupulous politicians.

    Going to back to old histories.

    1. The story was that when Qin Shih Huang Di united China, his relatives, generals and senior ministers had a conspiracy to get him to back the old Zhou Dynasty practice of making his supporters lords and king in their own realms. The conspirators used the Confucians to promote the idea of conserving the Zhou practices. Qin Shih Huang saw through this and killed many of his relatives, generals and 460 of the Confucians.

    2. In the Han period, Emperor Gaozu was not strong enough to win the land. He relied on alliances and when he finally united the land, he had to make his supporters vassal lords with their own realms. 60 years later, when the young Emperor Han Wu Di came to the thrown, these vassal lords started to exercise their power, supported by the HuangLao ministers of the court. The Taoist ministers of the court, supported by the Empress Dowager wanted to maintain the status quo. Whereas Han Wu Di saw the danger to him from the vassal lords and wanted to eliminate them. At this time the Confucians were seen as progressive and were recruited by Han Wu Di to support his reforms.

    3. Fast forward to Lee Kuan Yew and Singapore. LKY said Singapore adopted Confucian principle. This label was wrong. His actions were pure Shang Yang. I do not believe there was a shred of Confucianism in his policies. He LKY mentioned Shang Yang, he would be ridiculed by the Confucian scholars and the ordinary people would have no idea what he was talking about. So the Confucianism label was applied.

    4. In here today, we see the same play with religion by our stupid BN politicians.

    Throughout the ages, whenever there was a beliefs with followings, politicians would alway find a way to use them for their own purposes.

    Like

  26. CYC
    Dec 20, 2010 @ 10:13:56

    Rhan, Klm and the rest, thanks a lot for the valuable inputs that greatly deepen my understanding on the interactions between the various theories/value systems practiced by the Chinese centuries ago.

    Theses theories may be old but it remains relevant and still being practice now for good and bad cause reasonably justified its importance as a source of creative thinking. The bad news is we have yet to identify any new theory or philosophy that managed to shape our thinking as deep as Confucianism/Taoism/Fajia. does that mean we are actually on a regressive path in term of mental development ?

    Going forward, purging the hypocrites that helm the so called “highest organisation” of Chinese community may be a way to clean up the congested path of old and rigid thinking of enriching thyself which hinder the progress our civilisation. It sounds a bit arrogant but all changes begins with destruction of the old existence.

    Like

  27. Dr Hsu
    Dec 20, 2010 @ 14:20:03

    bh toh

    will attempt to write something on how history must be true reportings and not distorted .

    let me gather my thoughts first..Monday is always a very busy day. 🙂

    Like

  28. disgusted
    Dec 20, 2010 @ 17:02:29

    True history. Base on “original” official documents. Accurate reporting on facts and the truth of events, personalities and findings. Safe keeping of these archived documents to prove lies and distortions uttered or written by self-vested historians including academicians wanting speedy promotions and material benefits dish out by patrons in the political/government circles.

    Like

  29. klm
    Dec 20, 2010 @ 17:09:31

    History is never true it the findings are not published and debated. Without rigorous peer review, it is story and not history.

    Like

  30. Rhan
    Dec 20, 2010 @ 18:05:45

    klm, thanks for the history lesson. China did try to adopt a different route/ideology, and fail.

    “It sounds a bit arrogant but all changes begins with destruction of the old existence.’
    CYC, not arrogant, but scary. Mao CR rings a bell? So until we have found a new theory, otherwise better stick to democracy. Highest organization? Which one? Education one or commercial one? Anyway both are now a bit doggie

    Hsu, I am not sure if other country is less bias and more truth when come to history subject. I think the solution for us the minority is to improve/increase reading of books and alternative sources.

    Like

  31. monsterball
    Dec 21, 2010 @ 05:18:14

    I wish Dr. Hsu and his family a Merry X’mas & Happy New Year.
    I think 2011 will be a year Malaysians will remember forever with pride and joy… or regrets.

    Like

  32. klm
    Dec 21, 2010 @ 10:37:31

    Rhan. China did not fail. The fact that Chinese civilisation still exist while other civilisations turned into dust do say a lot. Different ideas were needed to solve different problems at different time in ancient China. Dynasty changed because the idea of one dynasty no longer worked and another dynasty took it’s place. I think what held the Chinese civilisation together was the memory of the horror of the Warring States period. Subsequent emperors felt it was their sacred duty to hold the nation together. They would have failed their ancestors and committed the greatest sin if they lost the land. Even with Qin Shih Huang Di, he felt it was his destiny to end the horror of the warring states and unite the land.

    No. China did not fail. The danger to China would that be the people of China could forget the legacy of the ancestors and forget the wisdoms of over 3,000 years.

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